SADHASIVAM Vs. CHELLAMUTHU

JUDGEMENT

(1.) THIS second appeal is not admitted and only notice of motion was ordered on 05.12.2002 and after service of notice posted today for admission.

(2.) THE sole Defendant in O.S. No. 128 of 1999 on the file of District Munsif Court, Kangeyam is the appellant in this second appeal. THE respondent herein has filed the said suit for permanent injunction against the appellant herein, which was dismissed. THE appeal filed by the respondent herein was allowed, hence the present second appeal.

(3.) AS mentioned above, A.S. No. 60 of 2001 filed against the decree and judgment in O.S. No. 239 of 1999 was dismissed as not pressed. The other appeal in A.S. No. 59 of 2001 filed against the decree and Judgment in O.S. No. 128 of 1999 was allowed by the first Appellate Court on the ground that the appellant herein not disputed the fact that he made efforts to shift the power loom to the B Schedule property and if the power loom is allowed to be shifted, it would cause air and noise pollution.